Plan B case plaintiffs: The government didn't go far enough

The plaintiffs in the suit over access to emergency contraception filed a response Wednesday in which they contend that the government’s plan to provide Plan B One-Step over the counter without age restrictions doesn’t do enough to comply with a federal judge’s order.

They say the government’s plan doesn’t go far enough because it only promises to make one type of emergency contraceptive product, Plan B One-Step, over the counter — and not necessarily its competitors, or even another cheaper product from the same company, known simply as Plan B.

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The government’s plan “deprives women of more affordable emergency contraceptives, creating an improper financial barrier to access for poor women and young women,” they write.

They also say the government doesn’t provide enough detail as to how it will make Plan B One-Step available without restrictions and how fast it will do it. And they say that if the government grants market exclusivity to Plan B One-Step, it’s unclear how generic alternatives would be affected. Those cheaper generics could still remain behind the pharmacy counter

“Defendants’ claim that they have complied with the court’s order rings hollow,” the plaintiffs write.